RELATED PRACTICE AREAS

October 24, 2014

Maslon attorneys Clark Whitmore and Amy Swedberg will present at Minnesota CLE's two-day 2014 Bankruptcy Institute on October 23-24, 2014. The institute brings together national authorities and Minnesota experts to share their insights into the latest developments and hot topics in bankruptcy law.

On day one, Amy will moderate a panel discussion titled "Current Issues in Fraudulent Transfer Law," in which panelists will discuss recent developments in fraudulent transfer law, including issues in proving and defending claims for actual and constructive fraud, statute of limitations issues for claims arising under the Minnesota Uniform Fraudulent Transfer Act, and attempts to limit statutory exceptions to a trustee’s ability to avoid fraudulent transfers. Later in the day, Amy will participate as a panel member in a session titled "Mock Hearings – Examples of What to Do and Not to Do in Trial," featuring a series of vignettes of various witness and evidentiary issues in bankruptcy cases.

Additionally, Clark will participate as a panel member in a breakout session titled, "Current Issues in Chapter 11 Cases: Classification, Credit Bidding, Confirmation and Cramdown." During the session, the panel will discuss recent caselaw developments by bankruptcy and other courts in the Eighth Circuit and other jurisdictions on classification of claims, the section 1111(b) election, credit bidding and limitations on credit bidding, valuation of secured claims under section 506, and cramdown of plans on secured creditors.

Clark Whitmore, chair of Mason's Financial Services Group, focuses his practice on the representation of corporate trustees in a wide variety of capacities related to TIA-qualified senior and subordinated corporate debt issuances, collateralized debt obligations, revenue bonds and certificates of participation on tax exempt public finance projects, and various asset-backed structured financings. His practice includes counseling corporate trustees with respect to the administration of their duties at every stage, including post-Event of Default "prudent person" duties in Chapter 11 and Chapter 9 insolvency proceedings. Together with Maslon's litigation team, he counsels corporate trustees regarding claims and litigation brought by or against them in their trustee capacities.

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